Arielle Spiller My Friends’ Immigrant Children
Two beautiful girls are in the
Dominican Republic waiting for their mother and father. Their parents are not
out running errands or visiting family. They are not out of town on a vacation
or even stuck at work. Actually, these two girls have never met their parents, a
young couple almost a world away in Billings, MT. The girls have been
tentatively matched for adoption through CONANI (Consejo Nacional para la Niñez
y la Adolescencia), a Dominican adoption organization, for some time, but due to
translation issues and the slow engine of bureaucracy, still they wait, living
in an orphanage until all of the paperwork is finally complete, a process that
can take years.
This scenario is commonly played out
across our country as legal United States citizens seek to adopt a child from a
foreign country. They understand the complications, expense, and unreasonable
costs generated by the multiple legal immigration fees, but still, they wait.
Their goal is what I am referring to as a “sponsored immigration.” The process
of sponsored immigrant is much more arduous, emotionally exhausting, and
expensive than any of its components alone.
For example, let us evaluate each piece
of the puzzle individually. Domestic adoption incurs cost as well, but the costs
are offset by various tax and higher education incentives, as well as Medicaid
health insurance in many cases. Traditional immigration for a relative can be
managed by filing for an immediate family Green Card, which costs less than
$1,000 once all applicable fees have been assessed It is clear from analyzing the numbers above, that there
is a grave injustice being done. It is a double standard to allow people to
experience a new life via legal immigration for a relatively small amount, while
existing United States citizens have to pay exorbitant amounts of money to
sponsor the immigration of a child they wish to adopt. While much of the blame
for the cost and inconvenience lies at the foot of the child’s home country, my
heartfelt wish is that the United States had organizations in place to reduce
the cost and mediate for the best interests of the adopting family. The family discussed in the introduction was approved by
the United States government in July of 2017. One factor in their choice of the
Dominican Republic as the home country of their future children was the
existence of The Hague Convention on Protection of Children and Co-operation in
Respect of Intercountry Adoption. This is an international treaty between the
United States and certain other countries designed to promote the ease of
inter-country adoption. While it helps in theory, in practice, miles of red-tape
and questionable moral practices circumvent The Hague Convention’s
practicability. Ethan Kapstein, in his essay “The Baby Trade”, claims that
“Facilitating the placement of orphaned children while attacking the corruption
that accompanies it will be a fine balancing act” (115). He continues, A more promising course would be to reinforce the
multilateral legal regime that regulates global adoption. Hague . . . requires
states to facilitate international adoptions while stamping out exploitation.
Strengthening this regime is essential to the well-being of orphans and to the
parents who would receive them. But doing so will require more diplomatic
pressure, more foreign aid, and more political courage in confronting
traffickers than the international community has yet mustered (116).
There are several concerns on the side
of the “sending” country that face legislators regarding international adoption.
According to an article entitled “International Adoption: Current Status and
Future Prospects” by Elizabeth Bartholet, international adoption is currently a
hub of controversy. The sending countries are reluctant to release their
children to more industrialized nations, separating them from family members
that might be available for potential reunification. There is fear that
exploitation or trafficking of children will occur if potential families are not
thoroughly vetted, a process that can take years. There are mixed feelings about
whether transracial adoption is a viable and beneficial outcome for a child; it
can be harmful to remove children from their cultural roots. Some countries in
Asia have even reduced the number of authorized international adoptions to make
reparations for perceived imperialist offenses (90).
These factors among many others have created numerous
barriers to international adoption but could be mitigated if the ‘receiving'
country were to play a part in sponsoring the adoption. Our government could
provide financial sponsorship (through non-profit organizations), counseling
services for children and families, or cultural heritage fairs to embrace the
child’s home culture, just to name a few ideas. While child-trafficking remains
a real concern, precautions can be taken to ensure that the children available
for adoption are truly eligible and in need. Likewise, protections should be in
place to ensure that adoptive families are not vulnerable to financial scams or
con artists. These reasons all present a valid cause for concern, but security
should not overtake the needs of children. "The law should also guarantee
children the fundamental right to grow up in a nurturing environment. By
focusing exclusively on the negative potential of international adoption the law
fails in its overall obligation to serve children's best interests" (Bartholet
91).
The actual legal process involved in
international adoption is lengthy and cumbersome; it involves laws on the side
of the sending and the receiving country, some of which overlap and even
contradict. In the case of my friends in Montana, the Dominican Republic has
required repeated and excessive home-studies, certifications, and paperwork to
prove the prospective parents’ eligibility. It has been two years since they
started the DR’s requirements, and more paperwork has been required every week,
costing them thousands of dollars in mailing and notarization. If all goes well,
the next step will be cohabitation with the children; it requires a minimum of
60 days parental residence in the DR. The parents will not have a livelihood
during this time, as their visa is strictly of the adoptive parent variety. The
60 days could extend to as long as six months at the whim of the DR, and, not
including travel expenses, the prospective parents will have invested $38,000 in
this adoption. On the United States side, they must deal with the US embassy,
visas, passports, adoption regulations, and more, all requiring legal
representation and more paperwork (Families).
International adoption needs an
overhaul; families just do not have the funds and time necessary to devote years
and tens of thousands of dollars to their endeavors, leaving thousands of
children in underprivileged countries homeless and uncared for. In the meantime,
there are parents longing to have a child to love and children desperately in
need of a family suffering a world apart. To conclude, I cannot express myself
better than Kapstein: Our failure to build an effective international adoption
regime is unlikely to dominate the foreign policy agenda these days; it
threatens neither national security nor economic welfare. But with worldwide
adoptions on the rise, it is a pressing problem nonetheless. Fixing it would
help bring together the thousands of children and parents whose only desire is
to build a family. In this day and age, that is no small achievement. Works Cited
Bartholet, Elizabeth. "International Adoption: Current Status and Future
Prospects." The Future of Children (1993): 89-103. Families, Adoptive. Domestic
and International Adoption Case Studies Arielle Spiller. 9 4 2019. Email. Kapstein, Ethan. "The Baby
Trade." Foreign Affairs (2003): 115-125. U.S.
Citizenship and Immigration Services.
13 02 2019. “Petition for Alien Relative.” USCIS, www.uscis.gov/i-130. 10 04
2019.
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